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Meeting Packet — Regulatory Reform & Economic Development Subcommittee, Florida House (October 17, 2023)

Summary

This meeting packet is for the Regulatory Reform & Economic Development Subcommittee of the Florida House of Representatives Commerce Committee, meeting Tuesday, October 17, 2023, 8:30 AM – 10:30 AM. The agenda lists an update by the Florida Gaming Control Commission and a panel discussion on illegal gaming in Florida. The Commission slides state that from August 2022 through September 2023, the FGCC received 1,561 reports of illegal slot machine gambling activity, and that six joint operations seized $1,151,000 in cash and 858 illegal slot machines, with 52 arrests. A later FCCG presentation on gambling ads states that 888-ADMIT-IT is Florida’s only problem gambling HelpLine.

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Issuer
Congressional materials
Document type
2023 10 17 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs
Date
2023-10-17
Case
2023 10 17 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs 10 17 23

Cite this document

“Meeting Packet — Regulatory Reform & Economic Development Subcommittee, Florida House (October 17, 2023).” Original at www.flhouse.gov, dated 2023-10-17. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-10-17-2023-10-17-3236-regulatory-reform-economic-development-subcommittee-meeting-packets-fn-rrs-10-17-23/, SHA-256 7f2b20f06bb7ef42fc600f4a1f4c5d90f295431427f6016bc4b1052dbdc805af.

Full text

         Regulatory Reform & Economic
          Development Subcommittee
               Tuesday, October 17, 2023
                  8:30 AM – 10:30 AM
                Webster Hall (212 Knott)


                    Meeting Packet




Paul Renner                                Tyler Sirois
Speaker                                          Chair
                    The Florida House of Representatives
                                           Commerce Committee
               Regulatory Reform & Economic Development Subcommittee
Paul Renner                                                                                         Tyler Sirois
Speaker                                                                                                   Chair


                                            Meeting Packet
                                         Tuesday, October 17, 2023
                                            8:30 am – 10:30 am
                                          Webster Hall (212 Knott)




  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Update by the Florida Gaming Control Commission

 V.    Panel Discussion on Illegal Gaming in Florida




                   303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                   (850) 717-4870
Florida Gaming Control
Commission
HOUSE SUBCOMMITTEE ON REGULATORY REFORM & ECONOMIC DEVELOPMENT

OCTOBER 17, 2023

LOUIS TROMBETTA, EXECUTIVE DIRECTOR

ROSS MARSHMAN, GENERAL COUNSEL

CARL HEROLD, DIRECTOR OF LAW ENFORCEMENT
Roadmap
• Brief History and Overview of Lawful Gambling
• A Closer Look at Slot Machines and Illegal Slot Machine Enterprises
• Harms Caused by Illegal Gaming, Particularly Illegal Slot Machine
  Gaming
• FGCC Gaming Enforcement Joint Operations




                                                                        2
Gambling in Florida Timeline
                                                                                2004:                             2018:
                                                                           Constitutional                     Constitutional
                                                                          Amendment to                        Amendments
                                                                           authorize slot                       prohibiting
   1931: Pari-                                                            machine gaming                       wagering on
                                                                          in Broward and                        greyhound
     mutuel
                                           1986:                            Miami-Dade                          racing and
   Wagering on                         Constitutional                        counties if                      granting voter
  Horse and Dog                        Amendment to                        approved via                       control of the
     Racing                           authorize Florida                        county                          expansion of
   Authorized                             Lottery                           referendum                       casino gambling.




     • • • • • • • •  1968: The
                        Florida
                    Constitution
                                                           1996: Poker
                                                          Authorized at
                                                           Pari-Mutuel
                                                                                            2010: Compact
                                                                                               with the
                                                                                            Seminole Tribe
                                                                                                                                 2021: Gaming
                                                                                                                                  Commission
                                                                                                                                   Created,
                      includes a                            Facilities                        of Florida                        Decoupling and
                   prohibition on                                                             executed                           2021 Gaming
                  "lotteries" other                                                                                              Compact with
                  than Pari-Mutuel                                                                                               the Seminole
                  pools authorized                                                                                              Tribe executed
                     at the time.
                      (Article X,
                      Section 7)




                                                                                                                                                 3
Gambling in Florida at a Glance
    Gambling is       Types of Legal and Regulated
                      Gambling
                                                     Licensed Slot Facilities Miami-Dade
                                                     • Calder Casino
     generally        • State Lottery                • Casino Miami
    prohibited        • Pari-Mutuel Wagering         • Hialeah Park Casino
                      • Poker Rooms                  • Magic City Casino
                      • Licensed Slot Facilities
                      • Charitable Gaming            Licensed Slot Facilities Broward
                      • Promotions and               • Gulfstream Park
                         Sweepstakes                 • Harrah’s Pompano Beach
                      • Bingo                        • The Big Easy Casino
                      • Indian Gaming                • The Casino at Dania Beach

     Specific Legal
      Exceptions




                                                                                        4
        Authorized Gambling in Florida
      Fiscal Year 2022/2023 State Revenue Totals
Revenue Source              Revenue             Percentage
                            Amount
                                                               0
                                                             Panama
                                                               City


Pari-Mutuel Activity        $6,173,212          2.1%
(39 Licenses)
Cardroom Activity           $22,756,621         7.8%
(27 Facilities)
Slot Machine Activity       $262,479,968        90.1%
(8 Facilities)
Tribal Activity             $0                  0%
(7 Facilities)
                    Total        $291,409,802


                                                                      5
Legal Slot Facilities
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                                                                                    6
What is a Slot Machine?
The current definition, in Section 849.16, Florida Statutes, is quite broad.
Any [a] machine or device, [b] that upon activation is directly or indirectly caused to operate, and [c] the
user may receive, or become entitled to receive, [d] a thing of value, or [e] secure additional chances or
rights to use such machine.


•The definition:
  • Captures games containing any element of chance and games of skill.
  • Includes a rebuttable presumption – if the device looks like a slot machine and involves the payment
    of money and an award of anything in value.




                                                                                                               7
Recent History, 2013
• Allied Veterans of the World.
  • Three-year, multi-state, multi-agency investigation into illegal gambling operations at
    “internet cafes” associated with Allied Veterans of the World concluded with the arrest of
    57 people, and seizure of about 300 bank accounts and around $64.7 million.

•Resulted in an amendment to the definition of a “slot machine.”
  • During its 2013 regular session, the Florida Legislature made several amendments to
    various provisions of chapter 849, Florida Statutes. These amendments, in part, expanded
    the definition of a slot machine, captured more forms of gaming, and created a rebuttable
    presumption that devices that look and play like slot machines are indeed slot machines.
  • Additionally, amendments touched on game promotions and charitable gambling.




                                                                                             8
Recent History 2014 & 2015
• 2014 -- The amended definition of a slot machine was challenged by family
  arcade businesses that felt they were unfairly impacted. (e.g., Chuck E’
  Cheese, Dave and Buster’s).
• 2015 -- To give law enforcement additional clarity when it came to
  distinguishing between “innocent” and “guilty” machines, and to prevent the
  expansion of casino-style gambling, the Florida Legislature amended Chapter
  546, Florida Statutes, and created Section 546.10, Florida Statutes.




                                                                            9
Family Amusement Games Act
Defines “innocent machines” as ones having no material element of chance inherent in the
game or machine whatsoever.




 Type A Device                      Type B Device                      Type C Device


                                                                                           10
   Analysis of Slot Machines?
                            Yes   Is the machine or device    No
                                                                   Is the machine or device
 Does the machine or               located in any of the 8             located in one of 7
device entitle the player            licensed pari-mutuel               Seminole Tribe of
to something of value?             facilities in Broward or        Florida gaming facilities?
                                    Miami-Dade County?

                                                                        No


                            No                                No
                                  Is the machine or device         Is the machine or device
The machine or device is                being played in               an otherwise lawful
 an illegal slot machine.          connection with a bona            amusement game or
                                    fide game promotion?                   machine?




                                                                                                11
Illegal Slot Machine Businesses
The FGCC has spent the last year investigating and intelligence gathering about illegal slot
machine businesses operating in this state.
Summary of what we have learned:
• The scope of the problem is much larger than initially anticipated.
• There are significant adverse harms associated with the activity.
• Success will require collaborative and coordinated efforts.
• Obstacles will continue to evolve but can be overcome.




                                                                                               12
Illegal Slot Machine Businesses




                                  13
Illegal Slot Machine Businesses: Scope
• FGCC                                                THERE ARE 580K + ILLEGAL GAMING MACHINES NATIONWIDE
  • From August 2022 through September 2023,
    the FGCC received 1,561 reports of illegal slot                           MIDWEST: 97K+

    machine gambling activity.
  • Reports are location-based, not machine-                                                  0'-___J•"tlll!li,~hiii,i"=ii!!l!i,:P.!l➔!llll"ill!f~!11■
                                                                                                                                                     1•
    based.




                                                                                                              StopillegalGambling.org




                                                                                                                           14
Reports
of Illegal
Activity


        15
Illegal Slot Machines: Traditional Machines




                                              16
Illegal Slot Machines: Fish Tables




                                     17
Illegal Slot Machines: “Skill” Based Machines

                                           CREDITS
                                           307191
                                            WINS
                                             0




                                                     18
Relevant Criminal Statutes
              Statute                               Offense                  Responsible Party
  § 546.10(9)           Improper amusement game or machine                        Operators

  § 550.155             Purchase of pari-mutuel tickets for hire                   Patrons

  § 817.41              Misleading advertising                                   Operators
  § 849.01              Keeping gambling houses                                  Operators
  § 849.02              Agents or employees of keeper of gambling house     Employees and agents

  § 849.03              Renting houses for gambling purposes                      Landlords

  § 849.08              Gambling                                                   Patrons
  § 849.09              Prohibited lottery                                    Operators/Patrons
  § 849.10              Printing lottery tickets, etc.                    Operators/Property Owners

  § 849.15              Manufacture, sale, possession of slot machines      Operators/Distributors

  § 849.20              Machines and devices are a common nuisance                Operators




                                                                                                      19
Illegal Slot Machines are Harmful
Heightened Risk of Criminal Activity:
Illegal slot machines are regularly associated with many other types of criminal activity.
    • Drugs, violence, robberies.
    • Organized criminal elements.



Lack of Consumer Protection:
Illegal slot machine businesses do not provide any consumer protection that the public has otherwise come to expect
when participating in gambling at a regulated casino.
    • Illegal slot machine games are not tested to ensure that the software is legitimate or fair.
    • No recourse for players who feel they are cheated.
    • There are no responsible gaming protections being followed.




                                                                                                                      20
Illegal Slot Machines are Harmful
Impact on State Revenue:
The legislature created a framework where licensed slot machine businesses must pay multi-million-dollar license fees
and a 35% tax rate on their gross revenue, which is used to support Florida education. Illegal gaming facilities do not pay
these fees or taxes and offer no benefit to the state for the slot machine gaming activities they offer.



Impact on Legal Gaming:
Illegal gaming facilities also have a negative impact on the legal gaming market in Florida. First, dollars spent at these
facilities are not taxed the way regulated dollars are, and because they are earned by criminal enterprises, the monies
may not end up in the economy at all. Second, the lack of consumer protections may disenfranchise people from going
to licensed facilities. They may get a negative impression from the illegal facilities because of the lack of consumer
protection and not realize that protections do exist in a regulated environment.




                                                                                                                         21
Obstacles
•Size of the Problem
 • Stand-alone arcades
   • 25 – 50+ illegal gaming machines per arcade
 • Bars and Convenience stores
   ◦ 2+ machines

•Knowledge Gap
 • Local Government Partners
 • Law Enforcement Partners

•Continued Resources
•Marketing – “Adult amusement arcade” “Internet Café” to obfuscate both local law enforcement
 and the public on the legalities of the illegal gaming machines being offered.
 • The use of state amusement tax and local tax stickers being placed on the illegal machines


                                                                                                22
 Successes
• Collaboration with law enforcement agencies
   • Jurisdiction
  • Advice
  • Training

• Communication with cities and counties

• Outreach to other stakeholders

• FGCC Gaming Enforcement Joint Operations
    Six joint operations seized:
    •    $1,151,000 in cash
    •    $2,000,000+ in real estate
    •    858 illegal slot machines
    •    52 arrests
    •    40 grams of fentanyl and 10 grams of meth
        FGCC, Chipley Police Department, Hillsborough Sheriff's Office, Holmes County
         Sheriff’s Office, Manatee County Sheriff’s Office, Palm Beach Sheriff's Office, St. Lucie
         County Sheriff’s Office and St. Peterburg Police Department participated




                                                                                                     23
Contact Information
Louis Trombetta, Executive Director
  • (850)597-4813
  • Louis.trombetta@flgaming.gov


Henry Mahler, Legislative Affairs Director
  • (850)964-2766
  • Henry.Mahler@flgaming.gov


Eric Carr, External Affairs Director
  • (850)964-1714
  • Eric.Carr@flgaming.gov



                                             24
  How Gambling Ads Target &
Negatively Impact Populations at
  Risk for Problem Gambling

           Eric Randazzo
           Program Consultant
  FCCG
  BACKGROUND & MISSION

 Established in 1988 as a Gambling    Increase public awareness regarding
  Neutral 501(c)(3) educational and     the risks and consequences
  advocacy organization.                associated with gambling;
 Governed by a Board of Directors.    Provide assistance to problem
                                        gamblers, their families, and others
 Addresses Problem Gambling in         adversely impacted;
  Florida as a Public Health Issue.
                                       Advocate for programs, services,
                                        funding, and other supports to
                                        address population-specific needs.
   FCCG PROBLEM GAMBLING
   PROGRAMS & SERVICES
The FCCG furnishes many Florida problem gambling specific services:
 Operates the statewide 24/7, Confidential, and Multilingual HelpLine: 888-ADMIT-IT
 Provides Responsible Gaming & Player Protection Programming (RGPPP) for participating Florida
  gaming facilities (includes employee training, responsible gaming messaging, signage featuring the
  helpline, and additional ongoing outreach efforts, such as RGEM and PGAM partnership initiatives)
 Educates mental health, addiction, medical, and other health care professionals through training
  programs to identify/assess/treat problem gambling
 Develops targeted prevention, education and outreach programs (e.g. adolescents, college students,
  older adults, etc.) and facilitates statewide outreach through the establishment of community
  educators and partnerships
 Represents Florida residents on gambling-related issues before local, state and federal policy makers
 Works with legal and judicial entities, as well as law enforcement on gambling related cases
 Sponsors/conducts research on gambling addiction impacts
GAMBLING – VS. –
PROBLEM GAMBLING


   1% - 3% of the US
   population have a      How Does Florida Compare?
   gambling disorder.    Overall prevalence of problem and pathological
                          gambling among Florida adults 2.1%

                         700,000+ Floridian’s considered “At-Risk”
                           problem gamblers
                        *Source: (Rotunda & Schell, 2012)
HOW HAVE GAMBLING ATTITUDES &
EXPERIENCES CHANGED SINCE 2018?
(2021 NGAGE 2.0 SURVEY – NATIONAL SURVEY DATA)


In 2021, the NCPG’s 2nd National Survey on Gambling Attitudes and Gambling
Experience (NGAGE 2.0), following NGAGE 1.0 in 2018, became the first effort to
measure national changes in gambling behaviors since the expansion of sports
betting was greenlighted by the U.S. Supreme Court.

The survey found a rise in problematic gambling since 2018, especially among young
online sports bettors. Risk increased most among two already high-risk groups: younger
gamblers (ages 18-44) & sports bettors and those who play daily fantasy sports.

This spike in problems related to gambling reflects both the impacts of the
COVID-19 Pandemic and the effects of the massive expansion of sports betting and
online gambling.
                                                          *2021 National Survey of Gambling Attitudes and Gambling Experiences (NGAGE 2.0)
  NOTABLE INCREASES IN ONLINE SPORTS
  BETTING, RISK, & PROBLEMATIC PLAY
  (2021 NGAGE 2.0 SURVEY – NATIONAL SURVEY DATA)




 Between 2018 and 2021, the
  number of Americans who bet
  on sports grew by 30%,
  representing an increase of
  15.3 million sports bettors in
  18 months.
 Between 2018 and 2021, the
  number of online gambling on
  sporting events or internet
  games grew even more, with an
  additional 25.5 million adults
  more who now gamble this
  way.

                                                   *2021 National Survey of Gambling Attitudes and Gambling Experiences (NGAGE 2.0)
HOW DOES 888-ADMIT-IT HELPLINE
DATA COMPARE?
TRENDS IN GAMBLING ADS                                                                             $2
                                                                                                BILLION
• Celebrity & Social Media Influencer Endorsements
         • Familiarity & Trust: When a familiar face promotes a product, it makes it
           seem as if the product itself is familiar and trustworthy, which makes people                                   2023 (est.)
           more likely to convert & recommend it to others.




                                                                                                 SPORTS BETTING AD SPEND
         • Emotional & Aspirational Connection: Celebrities/influencers naturally
           evoke an emotional response & people manifest aspirations through them.
         • Perceived Knowledge: “As a professional football player, Peyton Manning
           must know more about sports betting than I do.” This also plays into the
           myth that sports betting & other types of gambling are skill-based.                                             2022

• These ads are heavily targeted to young adults (18-25) and in
  particular young males, but also to Millennials & older adults.
         • Advertising reach is far from an exact science, so underage people are also
           exposed. Likewise, people outside the geographical target are reached too.                                      2021
           Consider as well that today’s TV ads are posted online to YouTube and
           other social media, increasing reach and also enabling organic reach and
           sharing beyond the intended target. Ads are designed to be sensational in
           hopes of leveraging this & achieving virality. It’s no surprise that youth like to
                                                                                                   $1
                                                                                                BILLION
           watch sports, and that is now a gambling-integrated experience!
1DISQO report: Making marketing wagers on online sports betting.
WHAT IMPACT DO GAMBLING ADS HAVE
ON GAMBLING BEHAVIOR?
                     THE ALARMING IMPACTS OF GAMBLING
                     ADVERTISING ON ADOLESCENTS




Rossi R and Nairn A (2021). What are the odds? How Gambling Adverts Appeal to Children and Young Persons on Twitter (PDF, 7,199kB).

Rossi R, Nairn A, Smith J, Inskip C (2021). “Get a £10 Free Bet Every Week!”—Gambling Advertising on Twitter: Volume, Content, Followers, Engagement, and Regulatory Compliance. Journal of Public Policy
& Marketing. 40(4): 487-504.
Watching Sports Became a Different Experience
      After the Repeal of PASPA in 2018
888-ADMIT-IT IS THE ONLY PROBLEM
GAMBLING HELPLINE FOR FLORIDIANS
           888-ADMIT-IT is Florida’s ONLY Problem
                   Gambling HelpLine.
 • NCPG’s national helpline numbers (1-800-GAMBLER, 1-800-522-4700) have expanded
   their footprint in our state, in part through a $6 million grant with the NFL and through
   national operators/advertisers (Caesars, Churchill Downs, William Hill, DraftKings,
   FanDuel, etc.), but rely on an ineffective area-code-only call routing system that does
   not best serve Florida citizens or gambling operators.
 • Promotion of these national helpline numbers discourages Floridians from ultimately
   seeking help for themselves or for loved ones, because they will potentially reach the
   wrong call center instead of FCCG, depending upon the origin of the area code of the
   telephone used, and be told that assistance cannot be provided.
THANK YOU!


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